The country of origin marking of components used in the manufacture of a positive displacement pump assembly

N302520 April 12, 2019 MAR-2 OT:RR:NC:N1:102 CATEGORY: MARKING Ms. Victoria L Praino CIRCOR International, Inc. 30 Corporate Drive Suite 200 Burlington, MA 01803 RE: The country of origin marking of components used in the manufacture of a positive displacement pump assembly Dear Ms. Praino: This is in response to your letter dated January 8, 2019 requesting a binding ruling on the country of origin marking of imported parts from India, including seals from Mexico or Germany. Illustrations and a detailed description of the manufacturing process to which the parts are subjected to were submitted for our review. The items under consideration are casings, covers, main screws, shafts and seals that will be used in the production of a pump assembly that consists of a two-screw positive displacement rotary pump and a gearbox. Although not individually marked, these items are shipped from India, Mexico or Germany in crates marked with the country of origin and sent directly to CIRCOR for assembly and testing. You state that each cover, main screw, shaft and seal is one of the 270 components that undergo the necessary manufacturing and assembly needed to produce a finished pump assembly. You further state that these items will only be used to manufacture a positive displacement rotary pump assembly and are unable to displace fluid until manufactured into the finished product. The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 USC 1304. With regard to the permanency of marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. An article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. Pursuant 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. Based on the information provided, we find that the casings, covers, main screws, shafts and seals are substantially transformed into an article with a new name, character or use, when incorporated with other components to produce a finished positive displacement rotary pump assembly. Accordingly, Circor International, Inc. is the ultimate purchaser of the casings, covers, main screws, shafts and seals that will be used to manufacture the positive displacement rotary pump assembly. In accordance with 19 CFR 134.35, the subject casings, covers, main screws, shafts and seals, provided that they are used by Circor in the assembly of a completed two-screw positive displacement rotary pump assembly and not sold separately in their condition as imported, is excepted from individual marking and only the outermost containers of the imported article must be marked with country of origin. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Sandra Martinez at Sandra.Martinez@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division